Terms & Privacy

The following describes the terms on which CourseHorse offers you access to our services.

Introduction

Welcome to CourseHorse. By using CourseHorse (including CourseHorse.com and its related sites, services and tools), you agree to the following terms with CourseHorse Inc. If you have any questions, please refer to our help section.This Agreement is effective on January 1, 2011, for current users, and upon acceptance for new users.

Scope

Before you may become a member of CourseHorse, you must read and accept all of the terms in, and linked to, this User Agreement and the CourseHorse Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use CourseHorse sites or services, or when you use the tools we make available to interact with CourseHorse sites and services.

Using CourseHorse

While using CourseHorse sites, services and tools, you will not:

post content or classes in an inappropriate category or areas on our sites and services;

violate any laws, third party rights or our policies

use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;

fail to deliver payment for a class purchased by you, unless the educator has changed the class's description after you purchased, a clear typographical error is made, or you cannot authenticate the educator's identity;

fail to deliver a class purchased from you, unless the student fails to meet the posted terms, or you cannot authenticate the student's identity;

manipulate the price of any class or interfere with other users' listings;

distribute viruses or any other technologies that may harm CourseHorse, or the interests or property of CourseHorse users;

export or re-export any CourseHorse tools except in compliance with the export control laws of any relevant jurisdictions;

copy, modify or distribute rights or content from the CourseHorse sites, service or tools or CourseHorse's copyrights and trademarks; or

harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing CourseHorse

CourseHorse and our users work together to keep our sites and services working properly and safely. Please report problems, offensive content, and policy violations to us.Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-CourseHorse transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue CourseHorse sites, services or tools.

Student Protection

Students and educators share the responsibility for making sure purchases facilitated by CourseHorse are exciting, rewarding and hassle-free. We strongly encourage students to work with educators before opening a claim relating to a purchase.We require CourseHorse educators to comply with our resolution process. Students and educators permit us to make a final decision, in our sole discretion, on any claim that a student files with CourseHorse under the CourseHorse Student Protection Policy. If we resolve a dispute in the student's favor, we will refund the student for the full cost of the class (including any applicable sales taxes), and we will require the educator to reimburse us for the amount due to the student. Without limiting the foregoing, educators may not have to pay a reimbursement for a CourseHorse claim if they provide sufficient documentation (for example, proof that the class was as described). Educators agree to allow us to debit their monthly account balance for amounts due to students. If educators do not provide CourseHorse with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict educators from selling on our sites until payment is made.

Correcting Mistakes in Payments to Students or Educators.We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous student or educator refunds or reimbursements.

Fees and Services

Joining CourseHorse and listing classes is free. We do charge a fee per student enrollment. You have an opportunity to review and accept the fees that you will be charged based on your particular Fee Schedule, available within your account information. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the CourseHorse site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.Unless otherwise stated, all fees are quoted in U.S. Dollars. Fees will be debited from your monthly account balance. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due).

Content.

a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).

c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

e. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

f. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

Limitation of Liability

You will not hold CourseHorse responsible for other users' content, actions or inactions, or classes they list. You acknowledge that we are not involved in the actual transaction between students and educators. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of classes advertised, the truth or accuracy of users’ content or listings, the ability of educators to offer classes, the ability of students to pay for classes, or that a student or educator will actually complete a transaction or return a class purchase.

Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the full cost of the class (including any applicable sales tax) and its original shipping costs, (b) the total fees (under CourseHorse Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to CourseHorse by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of CourseHorse and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing a class on CourseHorse’s sites, you agree to pay CourseHorse’s fees for such, assume full responsibility for the content of the listing and class offered, and accept the following listing conditions: When you list a class on CourseHorse’s sites, your listing will be posted on CourseHorse’s sites and can be viewed in your account. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so CourseHorse can’t guarantee exact listing durations.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the CourseHorse Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to CourseHorse during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Legal notices for CourseHorse shall be mailed to CourseHorse headquarters: 137 Varick Street, 2nd Floor, New York, NY 10013.

Legal Disputes

If a dispute arises between you and CourseHorse, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CourseHorse agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by reaching out to your CourseHorse Account Manager. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CourseHorse must be resolved exclusively by a state or federal court located in New York, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Referral Program

Referrer: Receive a $15 credit towards a future purchase on CourseHorse.com (the "Credit"), exclusive of taxes when a friend or family member's makes a first purchase on CoruseHorse.com provided that (i) such friend was not already a member of CourseHorse.com (ii) such purchase was made as the result of an invitation and (iii) you shared your product or your invitation was sent through a CourseHorse authorized channel (CourseHorse website, Facebook or other social media channel supported by CourseHorse). By participating in CourseHorse's referral program and claiming the Credit, you represent and warrant that any person that receives a commercial email message as a result of your referral is actually your friend or family member. The Credit will be valid for 60 days from issuance. The Credit must be used in a single transaction and may be subject to product restrictions or exclusions. The Credit cannot be combined with other offers, is non-transferable, and may only be used by intended and eligible recipients. The Credit will not be granted and may not be redeemed for a future purchase if your friends purchase is cancelled or item(s) are returned. This offer may be suspended or terminated at any time. Any Credits earned as a result of fraudulent activities are null and void.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you of amended terms by e-mail. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For the purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.